Spivey v. Getz Exterminators, Inc.
Spivey v. Getz Exterminators, Inc.
Opinion of the Court
Getz Exterminators, Inc. filed suit against R. Jack Spivey for the alleged violation of an employment contract entered into between the parties. The petition alleges that the defendant was employed as pest control manager and on January 2, 1968, the defendant’s employment with the plaintiff was terminated pursuant to Paragraph 14 of the contract and that he was paid one-half month’s salary in accordance with said provision of the contract. The petition alleges that the defendant in violation of his employment contract is now working f.or a competitor of the plaintiff in the prohibited territory, has solicited and induced customers of the plaintiff to do business with his new employer in violation of his employment contract, and has caused specified actual damages to the plaintiff. The petition demanded that the defendant be temporarily restrained from violating the restrictive covenants in his contract of employment, that he be enjoined from violating them for a period of two years from January 2, 1968, as provided by the contract, and that it be awarded damages. After hearing evidence, the trial judge temporarily enjoined the defendant from violating the restrictive covenants of the employment contract and the appeal is from that judgment. Held:
Paragraph 14 of the contract provides: “After three (3) months from the date hereof, said employment may be terminated by either party upon the giving of fourteen (14) days notice to the other. After three (3) months from the date hereof, said employment may also be terminated at the sole and exclusive option of the company upon the payment to employee of a sum equal to: One-half month’s salary, provided, however, that such sum shall first be used to satisfy any indebtedness
As we construe Paragraph 14 of the contract, when the defendant was paid one-half of his base salary and one-half of the percentage of cash receipts for the previous month, he was fully compensated under the termination provision of the employment contract. Since the evidence shows that the employer had not breached the employment contract, it could enforce the restrictive covenants thereof and the trial judge did not err in granting the temporary injunction.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.